§ 409. — Obstruction of navigable waters by vessels; floating timber; marking and removal of sunken vessels.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC409]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 9--PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER
IMPROVEMENTS GENERALLY
SUBCHAPTER I--IN GENERAL
Sec. 409. Obstruction of navigable waters by vessels; floating
timber; marking and removal of sunken vessels
It shall not be lawful to tie up or anchor vessels or other craft in
navigable channels in such a manner as to prevent or obstruct the
passage of other vessels or craft; or to sink, or permit or cause to be
sunk, vessels or other craft in navigable channels; or to float loose
timber and logs, or to float what is known as ``sack rafts of timber and
logs'' in streams or channels actually navigated by steamboats in such
manner as to obstruct, impede, or endanger navigation. And whenever a
vessel, raft or other craft is wrecked and sunk in a navigable channel,
it shall be the duty of the owner, lessee, or operator of such sunken
craft to immediately mark it with a buoy or beacon during the day and a
lighted lantern at night, and to maintain such marks until the sunken
craft is removed or abandoned, and the neglect or failure of the said
owner, lessee, or operator so to do shall be unlawful; and it shall be
the duty of the owner, lessee, or operator of such sunken craft to
commence the immediate removal of the same, and prosecute such removal
diligently, and failure to do so shall be considered as an abandonment
of such craft, and subject the same to removal by the United States as
provided for in sections 411 to 416, 418, and 502 of this title.
(Mar. 3, 1899, ch. 425, Sec. 15, 30 Stat. 1152; Pub. L. 99-662, title
IX, Sec. 939(a), Nov. 17, 1986, 100 Stat. 4199.)
Codification
Section is from act Mar. 3, 1899, popularly known as the ``Rivers
and Harbors Appropriation Act of 1899''.
Amendments
1986--Pub. L. 99-662 substituted ``or to sink'' for ``or to
voluntarily or carelessly sink'', struck out ``accidentally or
otherwise,'' after ``navigable channel,'', and inserted ``, lessee, or
operator'' after ``owner'' in three places.
Section Referred to in Other Sections
This section is referred to in sections 410, 411, 412, 413, 418 of
this title.
